SWAPAN KUMAR MAZUMDAR Vs. HAJERA BEGUM

JUDGEMENT

(1.) This is a revision filed by the defendant/non applicant under Section 115 of C.P.Code against the order dated 28.8.2007 passed by Civil Judge, Sonitpur, Tezpur in Misc. Appeal No.1 of 2007, which, in turn, arise out of order dated 6.1.2007 passed by Munsiff, Tezpur, in Misc. Case No.32 of 2003.

(2.) By impugned order, the two courts below rejected the application filed by the petitioner under order 9 rule 13 of the Code and in consequence declined to set aside the ex-party decree passed by the trial court against the petitioner in one civil suit filed by the respondent against the petitioner.

(3.) So the short question which arises for consideration in this revision is whether two courts below were justified in dismissing the application filed by the petitioner under order 9 rule 13 ibid?